IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARThT^^^I^ WRIT PETITION NO: 7439 OF 2020 Between: V Abbadasari Venkata Rao, c? Business, R/o. Door No.15-15-14, Sirra Vari Ssh Stt ' ‘^^^''''■^34211. West Godavari District, Andhra ...Petitioner AND R®P' by ‘he Principal Secretary Department of Home, Secretariat, Velagapudi, Tulluru District, Andhra Pradesh State. The Director General Of Police, Andhra Pradesh District. The Superintendent of Police, West Godavari District 4. The Sub-Divisional Police Officer, Kovvur 5. The Circle Inspector of Police, Tanuku 6. The Station House officer, Tanuku-Town Godavari District. 7. The Station House officer, Tanuku-Rural Police Godavari District. 1. to Mandal, Guntur 2. Mangalagiri, Guntur 3. , Eluru. West Godavari District. West Godavari District. Police Station, Tanuku, West Station, Tanuku, West ...Respondents Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ order may or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in opening of a Rowdy-sheet vide No C.No.191/SDO-K/GEN/2014 dated 10-08-2014 by continuing and exhibiting List of Rowdy Shelters Board i photograph of the petitioner in the in the Police station of the 6th respondent as illegal, void, without jurisdiction despite information dated 18-02-2020 violative principles of natural justice of the Andhra Pradesh Police Manual of Articles 14,19,21 and 300A of and violative of standing order No.601 Standing orders apart from violative the Constitution of India and quash the same and consequently direct the respondents to towards damages to the award of Rs.5,00,000/- reputation for petitioner on account of loss of exhibiting the photograph of the petitioner in the police station. jA NO: 1 OF 7090 Petition under Section 151 stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents to suspend the Rowdy Sheet C.NO.191/SDO-K/GEN/2014 dated 10-08-2014 respondent Police Station forth with Petition in the in^terest of justice. jA NO: 1 OF ''' Circumstances s ated ,n the affidavit filed in support of the petition, the High Court P eased to receive the counter affidavit copies leave petition in the Writ Petition i Counsel for the Petitioner: SRI TURAGA Counsel for the Respondents: The Court made the following order: CPC praying that in the circumstances may be vide No on the file of the 6th pending disposal of the above Writ may be on record by allowing the in the interest of justice SAI SURYA GP FOR HOME APHC010120642020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No: 7439/2020 Between: 1.ABBADASARI RAJA RAO @ LAZAR, S/0. LATE ABBADASARIVENKATA RAO, AGED 33 YEARS, OCC.. BUSINESS STREET GODAVARI DISTRICT, ANDHRA PRADESH STATE. R/0. DOOR N0.15-15-14, SIRRA VARI OLD TOWN, TANUKU-534211, WEST ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT,ANDHRA PRADESH STATE. 2.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTENDENTOF POLICE, WEST GODAVARI DISTRICT, ELURU. 4.THE SUBDIVISIONAL POLICE OFFICER, KOWUR, WEST GODAVARI DISTRICT. 5.THE CIRCLE INSPECTOR OF POLICE, TANUKU, WEST GODAVARI DISTRICT. 2 6.THE STATION HOUSE POLICE STATION DISTRICT. 7.THE STATION HOUSE OFFICER POLICE STATION DISTRICT. OFFICER TANUKU, WEST TANUKU-TOWN GODAVARI TANUKU-RURAL WEST GODAVARI ...RESPONDENT(S): TANUKU Counsel for the Petitioner: 1.TURAGA SAI SURYA Counsel for the Respondent(S): 1.GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No:7439/2020 ORDER: The Writ Petition is filed under Article 226 of the Constitution in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in opening of a Rowdy-sheet vide No C.No.191/SDO-K/GEN/2014 dated 10-08-2014 by continuing and exhibiting photograph of the petitioner in the List of Rowdy Shelters Board in the Police station of the 6th respondent despite information dated 18-02-2020 as illegal, void, without jurisdiction, violative principles of natural justice and violative of standing order No.601 of the Andhra Pradesh Police Manual Standing orders apart from violative of Articles 14,19,21 and 300A of the Constitution of India and quash the same and consequently direct the respondents to award of Rs.5,00,000/- towards damages to the petitioner on account of loss of reputation for exhibiting the photograph of the petitioner in the police station. 4 2. Heard Sri T.Sai Surya, learned counsel for the petitioner and Sri V.Farook, learned Additional Government Pleader for Home. 3. Learned counsel for the petitioner would submit that all the cases which were registered against the petitioner herein longer pending and the petitioner got acquitted in all the cases and therefore, continuation of the rowdy sheet against the petitioner is not in accordance with the Police Standing Order No.601. are no Learned Additional Government Pleader would submit that the petitioner was involved in certain offences earlier. Though the cases are no longer pending against the petitioner at present, there is a chance that the petitioner may repeat the offences and likely to indulge in violence. 4. Admittedly, the impugned rowdy sheet was opened against the petitioner earlier with certain alleged offences. Even as per the counter affidavit, no other case is pending against the petitioner herein as on today. It is not the case of the respondents/police that the petitioner has been shown as 5. 5 accused in any other case or he was directed to bind over under Section 107 Cr.P.C. Going by the Police Standing Order No.601, the petitioner would not come within the purview of any of the clauses mentioned therein. Clause 1 of the Police Standing Order No.601 contemplates that rowdy sheets may be opened against the persons, who habitually commit, attempt to commit, or abet the of offences involving a breach of the peace, disturbances to public order, and security. In the present case on hand, except the above mentioned cases registered against the petitioner herein, there are no other cases pending against him. 6. i commission By virtue of the same, it can safely be inferred that the petitioner herein would not come within the purview of habitual offender. Neither had they abetted the commission of offences involving breach of peace nor were they responsible for causing disturbances to public order or security. When such is the case, continuation of rowdy sheet against the petitioner herein would amount to abuse of process of the Court. 7. In the light of the facts and circumstances of the case, the Writ Petition is allowed, directing the respondents/police to take 8. 6 necessary action forthwith, for closure against the petitioner herein order. of the rowdy sheet opened soon after receipt of copy of the 9. Accordingly, the Writ Petition i order as to costs. As a sequel thereto, the pending in this Writ Petition shall stand IS allowed. There shall be no interlocutory applications, if closed. any. Sd/- K TATA RAO SECTION OFFICHR //TRUE COPY// To, 2. The Director General of Police District. 3. The Superintendent of Police, r 4. The Sub-Divisional Police Officer 5. The Circle Inspector of Police 6. The Station House officer, Godavari District. 7. The Station House officer, Godavari District 8. One CC to Sri Turaga Sai Surya 9. Two CCs to GP for Home, Two CD Copies Andhra Pradesh, Mangalagiri, Guntur West Godavari District, Eluru. Kovvur, West Godavari District. Tanuku, West Godavari District. Tanuku-Town Police Station Tanuku, West Tanuku-Rural Police Station, Tanuku, West Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 10. RAM HIGH COURT DATED:23/01/2025 ORDER WP.No.7439 of 2020 ALLOWING THE WP WITHOUT COSTS